Terms of Service

These Terms of Service (“Terms”) govern access to and use of Octap software and related services by business customers. By using Octap, you agree to these Terms on behalf of the organization you represent. If you do not agree, do not use the service.

Octap is a hospitality POS platform for restaurants, cafes, cloud kitchens, hotels, and related food-and-beverage operations. These Terms are designed for B2B use. If separate signed agreements apply between your organization and Octap, those agreements may prevail over conflicting portions of these Terms.

Questions may be sent to hello@theoctap.com or through contact.

1. Definitions

For clarity in these Terms:

  • “Octap”, “we”, “us”, and “our” refer to the Octap service provider entity.
  • “Customer”, “you”, and “your” refer to the business entity using the service.
  • “Services” means Octap software, features, related support, and associated documentation.
  • “Authorized Users” means your staff or representatives who are allowed to use the account.
  • “Customer Data” means data submitted to, generated in, or processed through your use of Services, subject to applicable law and these Terms.

2. Eligibility and account authority

You represent and warrant that:

  1. You are authorized to bind your organization.
  2. Your organization is legally capable of entering commercial agreements.
  3. Information provided during account setup is accurate and current.

You are responsible for maintaining accurate account details and ensuring Authorized Users access the service only for legitimate business purposes.

3. Service scope and availability

Octap provides software tools for hospitality operations, including POS-oriented workflows, ordering, billing, payments-related flows, and reporting features as configured for your plan.

Service functionality may evolve over time. We may add, modify, or discontinue features, provided such changes are consistent with reasonable product operations and contractual commitments. We do not guarantee uninterrupted or error-free service at all times, though we aim to maintain reliable production operation.

4. Trial and evaluation use

If we provide a trial, pilot, or limited evaluation environment, that access may be time-bound and subject to functional or support limitations. Trial use may be suspended or ended at our discretion, including where misuse, security risk, or legal concerns arise.

Commercial commitments become binding only when documented in an applicable order, subscription agreement, or accepted pricing terms.

5. Customer responsibilities

You are responsible for:

  • Managing Authorized User access and role permissions.
  • Ensuring lawful use of Services in each jurisdiction where you operate.
  • Maintaining device and credential hygiene for staff users.
  • Verifying operational, tax, accounting, and legal settings used in your business.
  • Reviewing outputs and reports before relying on them for regulatory filings.

You remain accountable for acts and omissions of Authorized Users under your account.

6. Acceptable use restrictions

You agree not to:

  1. Use Services for unlawful, fraudulent, or abusive purposes.
  2. Attempt unauthorized access to systems, data, or accounts.
  3. Reverse engineer, decompile, or attempt to extract source code except where law expressly permits.
  4. Interfere with platform integrity, security controls, or availability.
  5. Upload malware or exploit vulnerabilities.
  6. Use Services to infringe intellectual property or privacy rights of others.

We may suspend or limit access if we reasonably believe these restrictions are violated.

7. Fees, billing, and payment terms

Paid use requires payment of applicable fees under your selected plan or signed order terms. Unless otherwise agreed:

  • Fees are due according to the billing cadence communicated at purchase.
  • Taxes, duties, and levies are your responsibility except taxes on Octap income.
  • Late or failed payments may result in service restrictions or suspension after reasonable notice.

Pricing details presented on the website are general and may be refined through formal commercial documentation. We do not promise that every promotional or draft representation applies without confirmation.

8. Third-party services and charges

The Services may interface with third-party providers (for example, payment infrastructure or communication tools). Your use of those third-party services is governed by their terms. Octap is not responsible for third-party outages, pricing changes, or policy decisions.

Any third-party processing or transaction fees remain governed by your relationship with those providers, unless otherwise stated in writing.

9. Intellectual property

Octap and its licensors retain all rights, title, and interest in the Services, including software, branding, interfaces, documentation, and related intellectual property. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business operations.

No rights are granted by implication. You may not use Octap trademarks without prior written consent.

10. Customer data and privacy

As between the parties, you retain rights in your Customer Data, subject to the rights necessary for Octap to provide and support Services. You grant Octap permission to process Customer Data for service operation, maintenance, security, support, and related legitimate business purposes.

Privacy practices are described in our privacy policy. Security posture details are summarized on our security page.

11. Confidentiality

Each party may receive non-public information from the other. The receiving party agrees to protect confidential information with reasonable care and use it only for purposes of the business relationship. Confidentiality obligations do not apply to information that is publicly known, independently developed, or rightfully obtained from another source without confidentiality duty.

12. Suspension and termination

We may suspend or terminate access, in whole or part, if:

  • Fees remain overdue after notice.
  • There is suspected misuse, fraud, or security risk.
  • Continued service would create legal or regulatory exposure.
  • Required account information is materially false.

You may discontinue use according to your commercial terms. Upon termination, access may end, and data handling will follow applicable law, contract, and operational retention policies.

13. Warranties disclaimer

To the maximum extent permitted by law, Services are provided on an “as is” and “as available” basis. Octap disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are legally prohibited.

We do not warrant that Services will meet every customer requirement, operate without interruption, or be free from all errors in all environments.

14. Limitation of liability

To the maximum extent permitted by law:

  1. Octap is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or business interruption.
  2. Octap’s aggregate liability for claims arising out of or related to the Services is limited to amounts paid (or payable) by you for the relevant Services during the period specified in your commercial terms, or if unspecified, the prior twelve months.
  3. Liability limitations do not apply where prohibited by law.

Because risk allocation is part of pricing, these limitations are fundamental elements of the agreement.

15. Indemnity

You agree to defend, indemnify, and hold harmless Octap, its affiliates, and personnel from third-party claims arising from your misuse of Services, breach of these Terms, violation of applicable law, or infringement caused by Customer Data or your external integrations.

Indemnity obligations are subject to timely notice and reasonable cooperation requirements.

16. Force majeure

Neither party is liable for delay or failure to perform due to causes beyond reasonable control, including natural disasters, acts of government, internet or infrastructure failures, labor disputes, or regional disruptions. Affected obligations are suspended for the duration of the force majeure event.

17. Governing law and dispute process

Unless otherwise stated in a signed agreement, these Terms are governed by applicable laws selected in your order documentation or governing commercial arrangement. Parties will first attempt good-faith resolution through business representatives before formal legal action.

If your organization requires specific venue, arbitration, or jurisdiction terms, those should be documented in contract documents.

18. Changes to Terms

We may update these Terms periodically. Updated Terms become effective when posted or otherwise communicated, unless a later effective date is specified. Continued use after effectiveness constitutes acceptance to the extent permitted by law.

For material changes, we may provide additional notice through account channels.

19. Miscellaneous

  • These Terms, together with incorporated policies and any signed commercial terms, form the complete agreement on this subject.
  • If any provision is unenforceable, remaining provisions continue in effect.
  • Failure to enforce a provision is not a waiver of future enforcement rights.
  • You may not assign rights under these Terms without consent, except where assignment is permitted by applicable law or approved restructuring.

20. Contact

For contract, policy, or commercial questions:

Important: These Terms are marked for legal review and may be refined before final legal publication.